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Formal Law and Local Water Control in the Andean Region: A Fiercely Contested Field

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Water access and control rights of peasant and indigenous communities in Andean countries are threatened. Vertical state law and intervention practices, as well as new privatization policies generally ignore, discriminate or undermine local normative frameworks. Recognition of diverse local rights and management frameworks is crucial for improving rural livelihoods but also for national food security. The paper outlines some important findings from the WALIR program (Water Law and Indigenous Rights). It analyses official water policy in the Andean region in relation to local socio-legal repertoires. The paper concludes that support of civil society platforms and peasant and indigenous groups for contestation or reformulation of official law is crucial for the survival of local management systems.

Document Type: Research Article

Affiliations: 1: Wageningen University and Research Centre, Department of Environmental Sciences, Wageningen, The Netherlands 2: Wageningen University and Research Centre, International Coordinator, Water Law and Indigenous Rights program (WALIR), Department of Environmental Sciences, The Netherlands 3: San Simon University, Coordinator for WALIR in Bolivia and researcher with Centro AGUA, Cochabamba, Bolivia

Publication date: 01 March 2006

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